Designation
of Foreign Terrorist Organizations
After
a 16-month delay, the State Department finally designated foreign
terrorist organizations in accordance with the Antiterrorism
and Effective Death Penalty Act of 1996.
This
designation triggers the access and fund-raising restrictions
of the Federal statute passed in April 1996 and thereby makes
it a crime to provide funds, weapons or other types of material
support to any of the designated organizations. In addition,
members and representatives of these organizations are ineligible
for visas to enter the United States and are subject to exclusion.
In addition, any funds that these organizations have in the
U.S. will be blocked.
Among
the 30 groups listed as foreign terrorist organizations on October
8, 1997 are: Abu Nidal Organization, Aum Shinrikyo, Democratic
Front for the Liberation of Palestine, Hamas, Hezbollah, Japanese
Red Army, Kach, Kahane Chai, Palestine Islamic Jihad, Popular
Front for the Liberation of Palestine, Shining Path and the
Tupac Amaru Revolutionary Movement.
The
Administration had delayed issuing the list claiming that it
needed more time for the list to withstand judicial review.
It refused to issue a partial list of the most obvious and deadly
terrorist organizations claiming in a letter to Members of Congress
who had protested the delay that it would not designate any
terrorist organization until the list is complete in order "to
avoid a false perception that we might be singling out certain
groups or that we might not be concerned about groups not yet
designated."
In September
1997, the House of Representatives, by a vote of 396 to 6, adopted
an amendment to cut the State Department's FY 1998 budget by
2 percent unless it identified the foreign terrorist organizations.
The
publication of the list begins the implementation of the Antiterrorism
Act and is an essential first step in an ongoing process to
prevent illegal fund-raising activities in this country for
terrorist groups abroad. There is now no longer any distinction
between contributing to the military wing of Hamas and donating
to a Hamas hospital. As State Department Spokesman James Rubin
stated, "We want to be sure that no contributions to Hamas,
under whatever rubric, end up building that organization's ability
to support terrorism. . . ." Furthermore, prior to the
implementation of this legislation, members of terrorist organizations
were permitted to enter the U.S. if the individual had no direct
link to an act of violence. Now, all members of designated terrorist
organizations are barred access.
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Iran
and State-Sponsored Terrorism
Following
a Berlin court's verdict in April 1997 linking senior Iranian
leaders to the 1992 assassination of four Iranian Kurdish leaders,
European Union governments, with the exception of Greece, downgraded
diplomatic relations with Iran and withdrew their ambassadors
from Teheran. Canada, Australia and New Zealand took similar
steps.
In retaliation,
Teheran enacted a freeze on imports from New Zealand, and canceled
a planned visit by an Australian economic delegation. The Deputy
speaker of Iran's Parliament, Hassan Rowhani, called for suspending
investments in Germany and banning purchases of its equipment.
Heartened
by the European response, the United States urged EU countries
to go further and sever all political and economic ties with
Iran. The EU refused and has recently signaled its intention
to return its ambassadors to Iran. In October, 250 members of
the European Parliament signed a statement urging the EU to
keep its ambassadors out of Iran.
Moreover,
the French oil conglomerate Total, with the Russian petroleum
company Gazprom and the Malaysian state oil firm Petronas, has
signed a $2 billion contract with Iran to develop the South
Pars gas field. At this writing, the U.S. is studying whether
to impose sanctions against Total in keeping with the Iran-Libya
Sanctions Act which imposes sanctions on foreign companies investing
more than $40 million in Iran's oil and gas sector. The Administration
is reportedly seeking to reach some type of agreement with the
EU whereby the United States can avoid imposing sanctions in
accord with the 1996 act.
Also
at this writing, the British-Dutch energy conglomerate Shell
is reportedly finalizing a deal to build a $2.5 billion gas
pipeline across northern Iran.
In addition
to Iran's ongoing support for terrorist activities, the regime
has intensified its efforts to obtain technology for building
nuclear weapons and ballistic missiles to carry them. The election
of Mohammad Khatami widely regarded as a political moderate
to the Iranian presidency in May 1997, has not deterred Teheran
from its pursuit of weapons of mass destruction.
The
U.S. has identified Russia as a significant contributor to Iran's
ballistic missile and nuclear programs. It is believed that
with Russian help, Teheran will have the ability to launch ballistic
missiles equipped with chemical, biological and other warheads
capable of reaching Israel and other states in the region within
the next 18 months.
U.S.
intelligence has documented a series of high-level technical
exchanges between Russian and Iranian engineers and technicians
related to nuclear cooperation and believes that Russian experts
may still be advising Iran on its effort to mine uranium ore
and process it for eventual use in a nuclear program.
For
some time, Congress has been pressing both Moscow and the U.S.
Administration to take concrete actions to stop governmental
and nongovernmental entities in Russia from providing missile
technology and technical advice to Iran. In October, Congress
introduced The Iran Missile Proliferation Sanctions Act of 1997
imposing sanctions on foreign entities charged with transferring
or attempting to transfer goods, technology, or technical assistance
that contributed to Iran's efforts to acquire, develop, or produce
ballistic missiles. The sanctions would bar arms exports, dual
use goods or technology and U.S. government assistance in any
form. At this writing, the bill is making its way through the
House and Senate and proponents expect final passage soon.
For
its part, Russia has acknowledged that Iran has tried to obtain
missile technology from Russian companies, but Moscow continues
to insist that all such Iranian attempts have been thwarted.
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Bombing
of U.S. Barracks in Saudi Arabia
Progress
in the investigation of the June 1996 bombing of the U.S. military
complex near Dhahran, Saudi Arabia, that killed 19 airmen gained
momentum when Canadian authorities arrested Hani Abdel Rahim
Sayegh, 29, as a "security risk to Canada" in March
1997.
Sayegh,
who had arrived in Canada in August 1996, allegedly drove a
vehicle and signaled the driver of the truck bomb about when
to pull in front of the Khobar Towers housing complex.
According
to Canadian court documents, the bombing was carried out by
Shiite Muslim members of Saudi Hezbollah, a wing of the Lebanese-based
Hezbollah, backed by Iran. A Shiite Muslim who is opposed to
the Saudi Government and who studied in Iran, Sayegh reportedly
knows a great deal about Iran's recruitment of Saudi and other
Shiite Muslim students who have gone to study in Iran. He told
American and Canadian officials that he belonged to a group
of Saudi dissidents with several more senior men linked to the
bombing of the Khobar Towers.
Canada
sought to deport Mr. Sayegh while Saudi Arabia pressed Canada
for his return. Mr. Sayegh agreed to cooperate with the United
States because he said he feared for his life if he returned
to Saudi Arabia.
Sayegh
arrived in the United States in June 1997 as part of a deal
in which he pledged to cooperate in a Justice Department investigation
that could implicate Iran in the Saudi bombing. As part of a
plea agreement, he was set to enter a guilty plea to a conspiracy
charge involving an unrelated, unsuccessful terrorist plot to
"kill nationals of the United States residing and working
in the Kingdom of Saudi Arabia" in 1994 and 1995. In exchange
for a reduced sentence on those charges, he agreed to help U.S.
authorities investigating the Saudi bombing.
Sayegh
reportedly identified a senior Iranian intelligence officer,
Brig. Ahmad Sherifi, as the one who ordered him to scout U.S.
military installations in Saudi Arabia for the unsuccessful
1995 terrorist attack. U.S. intelligence considers Sherifi a
top official of Iran's Revolutionary Guard whose duties include
organizing terror cells in countries throughout the Persian
Gulf.
On July
30, 1997, Sayegh was indicted for conspiring during 1994 and
1995 to kill Americans residing in Saudi Arabia but he backed
out of the plea agreement and pleaded not guilty. Singing a
different tune, Sayegh now denies being in Saudi Arabia at the
time of the attack and denies having information about the Khobar
towers attack and about Iran's connection to terrorism.
In September,
the Justice Department announced that it sought to drop the
charge because it lacked the evidence to bring Sayegh to trial.
FBI Director Louis Freeh said that information obtained from
the Saudis in regard to the conspiracy charge would not be admissible
under American rules of criminal procedure. In October, a Federal
judge granted the request by prosecutors to drop the charge.
At this
writing, Saudi Arabia is seeking Sayegh's extradition to face
charges related to the Khobar attack and the Justice Department
has said it will open immigration proceedings on that request.
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Since
1992, when the United Nations imposed sanctions on Libya to
press it to hand over for trial two Libyan suspects wanted in
connection with the 1988 bombing of Pan Am Flight 103 over Lockerbie,
Scotland, Libyan leader Muammar Qaddafi has demanded that a
trial take place somewhere other than Scotland or the United
States. He has sought a trial in Libya, a third country or at
the International Court of Justice in the Hague.
In recent
weeks, Libya has stepped up its crusade regarding the trial
and the government has even appealed directly to victims' families
in the form of personal letters and letters to newspapers. Tripoli
has reportedly tried to win over the families with offers of
financial compensation.
In October,
the international court heard arguments from the United States,
Britain and Libya regarding the question of jurisdiction. Libya
argued that it has the right to refuse to surrender the two
suspects and to try them in Libya. The court said it will rule
on the dispute by early March 1998.
United
Nations sanctions bar flights to and from Libya and include
a ban on arms sales. Those opposed to the sanctions have recently
stepped up their campaign on behalf of Libya. In September,
the Arab League voted to defy U.N. sanctions against Libya by
permitting airplanes carrying "the political leadership
and official Libyan delegations participating in regional and
international meetings" to land on their territory and
to permit other flights for religious and humanitarian purposes.
Both the Arab League and the Organization of African Unity (OAU)
have passed resolutions calling on the U.N. to lift the sanctions
against Libya.
In addition,
both the Arab League and the OAU have intensified their rhetoric
that the two Libyans would not get a fair trial in Scotland
or the United States.
In October,
South African leader Nelson Mandela made two visits to Libya
with much fanfare and bestowed on the Libyan leader his country's
highest award. During his visit to Tripoli he called for a lifting
of the U.N. sanctions and said the Lockerbie case should be
handled by an international tribunal and not the British or
American legal systems.
In an
effort to defuse the criticism, the British government has opened
the Scottish legal system to inspection by three international
organizations. The U.N., Arab League and OAU were invited to
send representatives to examine the procedures for a trial and
discuss arrangements for appointing international monitors to
observe the trial.
In response
to countries violating U.N. sanctions against Libya, Senator
Frank Lautenberg (D-NJ) has included a provision in the Foreign
Aid bill that would suspend 5 percent of U.S. aid to countries
that help Libya to violate U.N. sanctions. Under this measure,
Egypt, in particular, could come under scrutiny.
Elsewhere,
Russia recently announced that it is renewing nuclear, oil and
communications cooperation with Libya.
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Horrific
acts of terror on the part of Islamic militants in Algeria continue
unabated. Terrorist bands affiliated with the Armed Islamic
Group (GIA) and other splinter factions routinely enter villages
throughout the country and brutalize and massacre men, women
and children. Hundreds of people have been murdered at a time.
In September 1997 alone, more than 500 civilians were killed
in massacres and bombings attributed to the GIA. The death toll
since the civil war began in 1992 is estimated at 60-75,000
people.
In recent
months, the Algerian Government has reportedly engaged in secret
talks with the more moderate Islamic Salvation Front (FIS) which
had been banned as a political party in 1992. In an apparent
gesture toward the opposition, the Government released Abassi
Madani, an FIS leader who had been in military prison for six
years, in July 1997. In return, in late September, the Islamic
Salvation Army, the armed wing of the FIS, agreed to a cease-fire
with the Government as of October 1, 1997.
Army
commander Madani Mezerag said that the aim of the truce was
"exposing the enemy hiding behind the horrible massacres
and isolating the criminal remnants of perverse extremists of
the Armed Islamic Group." The GIA, recently designated
a foreign terrorist organization by the U.S. State Department,
has vowed to continue its violence. The government, however,
has refused to acknowledge contacts with the banned FIS. Foreign
Mister Ahmed Attaf recently stated that reports of continuing
negotiations with the FIS are false and that "There is
no room for negotiations with terrorists."
In June
1997, Algeria held parliamentary elections, the first since
1992 when the civil war between Islamic militants and government
forces erupted. Pro-government parties won 219 of 380 seats
in the new National Assembly and moderate Islamic opposition
parties won 103 seats. The elections were tainted by widespread
allegations of fraud and by President Zeroual's institution
of new rules restricting the role of the legislature. Local
elections in October 1997 resulted in a similar landscape. The
government has also come under scrutiny recently for the apparent
passive role of security forces during recent GIA massacres.
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